.Example, the 5th Circuit court is equally as far to the far right among all of the states within its jurisdiction as the 9th is to the left in its. Some of the Fifth's decisions are astoundingly outcome oriented and the court, in all but a couple of 3-judge panels, will reach 'way out to reverse a case in which the lower court -with or without a jury, has found for an injuried plaintiff, a consumer class or a small business when the appellant is a large energy company, bank, financial/securities institution, or a politically powerful commercial interest. The skew of the 5th Circuit is so clear that lawyers over in that part of the country try to avoid bringiing a meritorious case in U.S. distruct court within that circuit because they know that, in the overwhelming majority of instances, the 5th Circuit will find some cockamamie rationale' to favor big business, industry, commercially powerful interests or, in criminal cases, the government.
It is noticeably strange that the same voices that attack the 9th Circuit for ignoring the role of an appellate court and the ends of justice are strikingly silent about the 5th.
By contrast, the 11th Circuit, my circuit, is a straight-down-the-middle court, as are the remaining circuits. We lawyers know from the outset in the 11th and the other circuits around the country that some 3-judge panels of the court are more oreiented to one side of the political spectrum than the other. But, that being recognized, we nonetheless believe, in fact we know, that we'll get a fair hearing, the three panel judges will have studied our briefs, the record from the district court, listened carefully at oral argument, and render a cognizably fair decision and opinion justifying the decision. Those who scream about the 9th should also be just as agitated about the 5th for those who live and litigate in Louisana and Texas.
Of course lawyers and litigants want to prevail in their cases, that's not the crucial issue. Every lawyer I know and most litigants, with proper counseling, simply expect, and have every right to, a fair hearing by judges not outcome oriented or driven by ideology in the decision making process. No one expects any individual judge to leave his own societal or political orientation in the parking garage, but we have a right to demand that such extraeous factors are not included in his decision calculus. Regretably, that is always the case and we have the results we see today in some specific areas.